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HomeMy WebLinkAboutORD NO 3342ORDINANCE NO. 3342 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 102-32 BY CHANGING THE LAND USE ZONING OF THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTH SIDE OF BRIMHALL ROAD APPROXIMATELY 700 FEET WEST OF COFFEE ROAD FROM AN M-2 (GENERAL MANUFACTURING) ZONE TO A C-2 (COMMERCIAL) ZONE. WHEREAS, in accordance with the procedure set forth in Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission has held a public hearing on a petition to change the land use zoning of that certain property in the City of Bakersfield located on the south side of Brimhall Road approximately 700 feet west of Coffee Road; and WHEREAS, by Resolution No. 37-90 on September 6, 1990, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 ef the Municipal Code to approve a C-2 (Commercial) Zone, as delineated on map marked Exhibit "A", attached hereto and incorporated herein as though fully set forth, by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and a change in zoning of the subject property from an M-2 (General Manufacturing) Zone to a C-2 (Commercial) Zone, and the Council has considered said findings and all appear to be true and correct; and WHEREAS, there appears to be no substantial detrimental environmental impact which could result from the proposed project; and WHEREAS, a Negative Declaration was advertised and posted on August 15, 1990 in accordance with CEQA (Zone Change #5069 file); and WHEREAS, the City Council has determined after due con- sideration of said petition and the recommendations of the Planning Commission herein on file, together with the reasons advanced at the hearing for change in zoning of said property, that zone change should be authorized; and WHEREAS, the required public notices have been given; WHEREAS, the City Council has considered and hereby makes the following findings: and and good tioned. 1. That public necessity, convenience, general welfare zoning practice justify the change in zone, as condi- 2. That the proposed rezoning is consistent with the Bakersfield Metropolitan 2010 General Plan. 3. The project would not have a significant adverse effect on the environment. 4. That the condition of approval that a PCD (Planned Commercial Development) Zone be adopted for the property prior to any development mitigates possible adverse effects. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. This Council hereby approves and adopts the Negative Declaration. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning on Map No. 102-32 of that certain property in said City, the boundaries of which property is shown on the map marked Exhibit "A" attached hereto and made a part hereof, as follows: FROM AN M-2 (GENERAL MANUFACTURING) ZONE TO A C-2 (COMMERCIAL) ZONE: The East 100 acres of the Northeast Quarter of Section 32, Township 29 South, Range 27 East, M.D.B.&M., in the County of Kern, State of California, according to the Official Plat of the survey of said land on file in the Bureau of Land Management; EXCEPTING the following parcel of land: That portion of the Northeast Quarter of Section 32, Township 29 South, Range 27 East, M.D.B.&M., described as follows: - 2 - Beginning at a point in the Northerly boundary line of said Section 32, from which the Northeast corner (marked by a concrete monument) of said Section 32 bears South 89049, East, 832.0 feet distant; THENCE South 0°11' West, 2106.4 feet; THENCE South 0036, West, 533.3 feet to the Southerly boundary line of the Northeast Quarter of said Section 32; THENCE North 89046, West, along the last mentioned boundary line, 230.0 feet; THENCE North 0036' East, 534.0 feet; THENCE North 0°11' East, 2105.5 feet to the Northerly boundary line of said Section 32; THENCE South 89°49' East, along the last mentioned boundary line, 230.0 feet to the Point of Beginning; ALSO EXCEPTING THEREFROM the East 701-1/2 feet thereof; ALSO EXCEPTING THEREFROM the land South of the North line of the Cross Valley Canal. 4. Approval of the above zone change is made subject to adoption of a PCD (Planned Commercial Development) Zone. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 3 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfle]d ~e = ..... ~.~ meeting thereof held on FEB 1 ~ 1991 ......... ~ .... following vote: , by the ,AYES; COUNCILMEMBERS: EDWARDS..De, MOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS; ABSENT COUNCILMEMBERS ABSTAIN; COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 1 3 1991 ~JENCE E. ~ EDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~ LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachments Exhibit "A" O ORD 4 ZC-C-2.1 1/24/91 - 4 - See M-2 TO M-2 "e ri1 ¢-0 M-2 FP-P I11 O) CITY OF BAKERSFIELD ZONING MAPI02-$2 SEC. 52 l~ 2cj$ R 27E LEGEND AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfie]d; and that on the posted on the Bulletin Board at the following: Ordinance City Council at a meeting held on and entitled: deposes and says: acting and qualified City Clerk of the City 19th day of February 1991 she City Hall, a full, true and correct copy of No. 3342 passed by the Bakersfield the 13th day of February 1991 , NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By:. PU~YTY Ci'~?~l'~rk